NSW Law Society backs defamation reforms

The NSW Law Society has backed proposed changes that could pave the way for Federal Court jury trials in defamation cases.

The NSW Law Society has backed proposed changes that could pave the way for Federal Court jury trials in defamation cases.

In a submission to a national defamation review, Law Society president Richard Harvey said that the body supported a recommendation that the federal government consider changing the law to “improve national uniformity and consistency in defamation proceedings”.

The move has been supported by Australia’s Right to Know coalition.

The nation’s attorneys-general in November recommended that the commonwealth consider amending the Federal Court of Australia Act to pave the way for jury trials in defamation cases. At the moment, defamation trials in the Federal Court are conducted by a judge alone, unless the court orders otherwise — prompting many high-profile individuals to bring their claims in the Federal Court rather than the state Supreme Courts.

The Right to Know coalition urged the government to make the change within the review timeframe — due to be completed in June.

Attorney-General Christian Porter in December said he backed the change, to prevent forum shopping.